Claims By Children

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Nobody wants to think about children getting injured, but unfortunately it does happen. In instances where a claim for compensation is made, it must be raised on the child’s behalf by an adult i.e. the child’s parent or another close relation. Those claiming on behalf of a child are referred to as a Litigation Friend.

Our personal injury lawyers are extremely experienced in this area of law and understand that such cases can be distressing for both the child and the Litigation Friend.

While claims by children are treated, generally, the same as that of an adult claim, there are two main rules that apply in the procedure of a child making a claim, these are:

A child can bring a claim for compensation and formally start court proceedings at any time up until their 21st birthday. An adult would normally have three years from the date of the accident to start court proceedings. Although there is a higher chance of success if it is started shortly after the incident occurred, while the evidence is still fresh.

Any settlement in a case involving a child must first be approved by the court. Once a settlement has been agreed, court proceedings will be started to get the judge’s approval of the agreed settlement. It will be necessary for both the child and their Litigation Friend to attend the hearing with their solicitor or barrister. Once a settlement has been approved, the compensation will be invested by the court on behalf of the child until they reach 18. In some claim for compensation cases it is possible to apply to the court for some of the money earlier than the child’s 18th birthday, provided the court is satisfied that the money will be used for the child’s benefit.

To find out more and to discuss your specific requirements, contact us.

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